Evaluation of International Electrotechnical Commission's Standards for Explosion-Proof Enclosures, 28581-28585 [06-4391]
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Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Rules and Regulations
(1) The nature of the statements,
representations, or actions referred to in
§ 498.102(a) and (b) and the
circumstances under which they
occurred;
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(b) In determining the amount of any
penalty in accordance with § 498.103(c)
and (d), the Office of the Inspector
General will take into account—
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I 8. Section 498.109 is amended by
revising paragraph (a)(2) to read as
follows:
(d) Under § 498.102(d), the Office of
the Inspector General may impose a
penalty of not more than $5,000 for each
violation resulting from insufficient
notice relating to printed media
regarding products or services provided
free of charge by the Social Security
Administration and a penalty of not
more than $25,000 for each violation in
the case that such insufficient notice
relates to a broadcast or telecast.
(e) For purposes of paragraphs (c) and
(d) of this section, a violation is defined
as—
(1) In the case of a mailed solicitation,
advertisement, or other communication,
each separate piece of mail which
contains one or more program words,
letters, symbols, or emblems or
insufficient notice related to a
determination under § 498.102(c) or (d);
and
(2) In the case of a broadcast or
telecast, each airing of a single
commercial or solicitation related to a
determination under § 498.102(c) or (d).
I 6. Section 498.104 is revised to read
as follows:
(a) * * *
(2) A description of the false
statements, representations, other
actions (as described in § 498.102(a) and
(b)), and incidents, as applicable, with
respect to which the penalty and
assessment, as applicable, are proposed;
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I 9. Section 498.114 is amended by
revising paragraph (a) to read as follows:
§ 498.104
§ 498.114
Amount of assessment.
A person subject to a penalty
determined under § 498.102(a) may be
subject, in addition, to an assessment of
not more than twice the amount of
benefits or payments paid under title II,
title VIII or title XVI of the Social
Security Act as a result of the statement,
representation, omission, or withheld
disclosure of a material fact which was
the basis for the penalty. A
representative payee subject to a penalty
determined under § 498.102(b) may be
subject, in addition, to an assessment of
not more than twice the amount of
benefits or payments received by the
representative payee for the use and
benefit of another individual and
converted to a use other than for the use
and benefit of such other individual. An
assessment is in lieu of damages
sustained by the United States because
of such statement, representation,
omission, withheld disclosure of a
material fact, or conversion, as referred
to in § 498.102(a) and (b).
I 7. Section 498.106 is amended by
revising paragraphs (a) introductory
text, (a)(1), and (b) introductory text to
read as follows:
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§ 498.106 Determinations regarding the
amount or scope of penalties and
assessments.
(a) In determining the amount or
scope of any penalty and assessment, as
applicable, in accordance with
§ 498.103(a) and (b) and 498.104, the
Office of the Inspector General will take
into account:
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§ 498.109 Notice of proposed
determination.
Collateral estoppel.
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(a) Is against a person who has been
convicted (whether upon a verdict after
trial or upon a plea of guilty or nolo
contendere) of a Federal or State crime;
and
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I 10. Section 498.128 is amended by
revising paragraphs (b), (c)(1), and (d)(1)
to read as follows:
§ 498.128 Collection of penalty and
assessment.
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(b) In cases brought under section
1129 of the Social Security Act, a
penalty and assessment, as applicable,
imposed under this part may be
compromised by the Commissioner or
his or her designee and may be
recovered in a civil action brought in
the United States District Court for the
district where the violation occurred or
where the respondent resides.
(c) * * *
(1) Violations referred to in
§ 498.102(c) or (d) occurred; or
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(d) * * *
(1) Monthly title II, title VIII, or title
XVI payments, notwithstanding section
207 of the Social Security Act as made
applicable to title XVI by section
1631(d)(1) of the Social Security Act;
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[FR Doc. 06–4594 Filed 5–16–06; 8:45 am]
BILLING CODE 4191–02–P
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28581
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 6, 7, and 18
RIN 1219–AB42
Evaluation of International
Electrotechnical Commission’s
Standards for Explosion-Proof
Enclosures
Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Final rule; equivalency
determination.
AGENCY:
SUMMARY: MSHA reviewed the
requirements of the International
Electrotechnical Commission’s (IEC)
standards for Electrical Apparatus for
Explosive Gas Atmospheres to
determine if they are equivalent to the
Agency’s applicable product approval
requirements or can be modified to
provide at least the same degree of
protection as those requirements. MSHA
has determined that the IEC’s standards
for explosion-proof enclosures, with
modifications, provide the same degree
of protection as MSHA’s applicable
product approval requirements.
Applicants may request that MSHA
grant product approval for explosionproof (flameproof) enclosures based on
compliance with the IEC standards
provided MSHA’s specified list of
modifications is also addressed in the
submitted design.
DATES: Effective Date: This final rule is
effective May 17, 2006. The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register as of May 17, 2006.
FOR FURTHER INFORMATION CONTACT: For
information concerning the technical
content of the rule, contact David C.
Chirdon, Chief Electrical Safety
Division, Approval and Certification
Center, MSHA, R.R. 1, Box 251
Industrial Park Road, Triadelphia, West
Virginia 26059. Mr. Chirdon can be
reached at chirdon.david@dol.gov (email), 304–547–2026 (voice), or 304–
547–2044 (facsimile). For information
concerning the rulemaking process,
contact Patricia W. Silvey, Acting
Director, Office of Standards,
Regulations, and Variances, MSHA,
1100 Wilson Blvd., Arlington, Virginia
22209–3939. Ms. Silvey can be reached
at (202) 693–9440.
MSHA maintains a listserve on the
Agency’s Web site that enables
subscribers to receive e-mail notification
when MSHA publishes rulemaking
documents in the Federal Register.
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To subscribe to the listserve, visit
MSHA’s Web site at https://
www.msha.gov/subscriptions/
subscribe.aspx. You may obtain copies
of this final rule in an alternative format
by accessing the Internet at https://
www.msha.gov/REGSINFO.HTM. The
document is also available by calling
202–693–9440.
SUPPLEMENTARY INFORMATION:
I. Background
On June 17, 2003, MSHA published a
final rule, Testing and Evaluation by
Independent Laboratories and NonMSHA Product Safety Standards (68 FR
36407). The final rule established
alternate requirements for testing and
evaluation of products that MSHA
approve for use in gassy underground
mines under 30 CFR parts 18, 19, 20, 22,
23, 27, 33, 35, and 36. The final rule
permitted manufacturers seeking MSHA
approval of their products to use an
independent laboratory to test their
products in accordance with Agency
standards. The final rule also allowed
manufacturers to test their products in
accordance with non-MSHA standards
once the Agency had determined that
the non-MSHA standards were
equivalent to MSHA’s applicable
product approval requirements or could
be modified to provide at least the same
level of protection. The final rule
requires that MSHA publish in the
Federal Register a listing of all
equivalency determinations in 30 CFR
part 6 and in the applicable approval
parts of 30 CFR.
At the time the final rule was
promulgated, 30 CFR part 7 already
allowed an applicant or third party to
test certain products to MSHA
standards. Specifically, part 7 specified
requirements for MSHA approval of
applicant or third party testing and
evaluation of equipment and materials
for use in underground mines that do
not involve subjective testing. Paragraph
7.10(b) required MSHA to publish our
intent to review any non-MSHA product
safety standard for equivalency in the
Federal Register for the purpose of
soliciting public input. In addition,
paragraph 7.10(c) required MSHA to list
our equivalency determinations in 30
CFR part 7.
On December 1, 2003, MSHA
announced in the Federal Register (68
FR 67216) our intent to review the
International Electrotechnical
Commission’s (IEC) standards for
Electrical Apparatus for Explosive Gas
Atmospheres, Part 0, General
Requirements (IEC 60079–0); Part 1,
Electrical Apparatus for Explosive Gas
Atmospheres, Flameproof Enclosures
‘‘d’’ (IEC 60079–1); and Part 11, Intrinsic
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Safety (IEC 60079–11). The Federal
Register notice solicited comments
concerning the Agency’s intent to
review the IEC standards.
MSHA has not yet completed a review
of the IEC standard for Electrical
Apparatus for Explosive Gas
Atmospheres, Part 11, Intrinsic Safety
(IEC 60079–11). Those results will be
published separately at a later date.
The IEC is a worldwide organization
for standardization comprising all
national electrotechnical committees.
The IEC promotes international
cooperation concerning standardization
in the electrical and electronic fields. To
this end, the IEC publishes international
standards in the fields of electricity,
electronics, and related technologies.
The IEC standards referenced in this
notice are subparts of the IEC standards
for hazardous location equipment.
A 60-day comment period was
provided which closed on January 30,
2004. Comments were received from
four (4) commenters. Two commenters
suggested that MSHA should deem the
IEC standards equivalent in their
unmodified form and urged us to pursue
participation in the international
agreement between countries relative to
the IEC standards known as the ‘‘IECEx
Scheme.’’ The goal of the IECEx Scheme
is to facilitate international trade in
electrical equipment intended for use in
explosive atmospheres (Ex equipment)
by eliminating the need for multiple
national certifications while preserving
an appropriate level of safety. Two
commenters suggested additional
standards for MSHA to consider
reviewing for equivalency in the future.
Because these comments are beyond the
scope of this equivalency determination,
the Agency will not address them here.
One commenter expressed concern
over what it characterized as MSHA’s
intent to accept international approval
standards as equivalent to U.S.
standards for products used in coal
mines. The commenter further
expressed concern regarding the manner
in which the standards would be tested
and approved.
As we explained in the preamble to
the 2003 final rule, Testing and
Evaluation by Independent Laboratories
and Non-MSHA Product Safety
Standards (68 FR 36408), MSHA will
only accept standards as equivalent after
carefully evaluating the standards to
ensure that they provide at least the
same degree of protection as existing 30
CFR requirements. With respect to part
7 equivalency determinations, MSHA
will also determine whether the testing
and evaluation of the non-MSHA
standard involves subjective analysis,
because the requirements in part 7
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apply to certain equipment and
materials whose product testing and
evaluation does not involve subjective
analysis. Where deficiencies are noted
in the subject standards, MSHA will add
additional requirements to ensure that
at least the same degree of protection is
provided as in existing requirements.
Further, MSHA will review all test
and evaluation results submitted by
independent laboratories to ensure that
all applicable requirements of the
standard and any additional
requirements that MSHA specifies have
been met. If the testing methodology or
evaluation results do not clearly
demonstrate that a product meets the
applicable requirements, MSHA will
conduct an independent evaluation
including additional or repeat testing.
MSHA will also continue the postapproval product audit program to
ensure compliance with the approved
design.
In the December 1, 2003, Federal
Register notice MSHA stipulated that at
the conclusion of the evaluation, the
Agency would publish the final
determination in the Federal Register.
The determination would be
accompanied by a list of modifications,
if they are deemed necessary to achieve
equivalency. This notice contains
MSHA’s final determination after
evaluating the IEC standards.
II. Discussion
MSHA’s review of the International
Electrotechnical Commission’s (IEC)
standards for Electrical Apparatus for
Explosive Gas Atmospheres, Part 0,
General Requirements (IEC 60079–0,
Fourth Edition, 2004–01); and Part 1,
Electrical Apparatus for Explosive Gas
Atmospheres, Flameproof Enclosures
‘‘d’’ (IEC 60079–1, Fifth Edition, 2003–
11) is completed. These two IEC
standards together describe the overall
requirements for design of flameproof
enclosures. The IEC 60079–1,
Flameproof Enclosures ‘‘d’’ document
provides the specific technical design
and testing requirements for explosionproof enclosures while the IEC 60079–
0, General Requirements document
provides the general application and use
specifications for all IEC Electrical
Apparatus for Explosive Gas
Atmosphere standards. Applicants may
request that MSHA grant product
approval for explosion-proof
(flameproof) enclosures based on
compliance with these IEC standards
provided our specified list of
modifications is also addressed in the
submitted design.
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Equivalency Review Results for IEC
60079–0 and IEC 60079–1
The equivalency review for the IEC
standards concerning Electrical
Apparatus for Explosive Gas
Atmospheres, Part 0, General
Requirements and Part 1, Electrical
Apparatus for Explosive Gas
Atmospheres, Flameproof Enclosures
‘‘d’’ involved comparing them with
MSHA’s corresponding requirements for
explosion-proof enclosures found in 30
CFR part 7—Testing by applicant or
third party and part 18—Electric motordriven mine equipment and accessories.
MSHA’s technical review consisted of
a detailed comparison of the IEC
requirements for Group I (mining)
enclosures to MSHA’s requirements for
explosion-proof enclosures. MSHA’s
requirements for explosion-proof
enclosures are based on three
principles. First, an enclosure shall be
rugged in construction and suitable for
use in mining applications. Second, it
shall have a minimum structural yield
pressure of at least 150 psig, without
significant permanent distortion, and
third, there shall be no visible luminous
flames or ignitions of a combustible
methane-air atmosphere surrounding
the enclosure during explosion testing.
Part 7 specifies requirements for
MSHA-approval of applicant or third
party testing and evaluation of
equipment and materials for use in
underground mines that do not involve
subjective testing. In addition to our
review for equivalency, MSHA reviewed
the IEC requirements for testing and
evaluation of Group I (mining)
enclosures to determine that they do not
involve subjective analyses. We
determined that the testing and
evaluation of equipment using the
applicable IEC standards, including
MSHA’s specified list of modifications,
does not involve subjective analyses.
For the purpose of the equivalency
review, MSHA organized the technical
requirements for both the IEC standards
being evaluated and MSHA’s
requirements according to certain
features that were considered common
to the design, construction, testing and
evaluation of all explosion-proof
enclosures. Technical requirements for
features such as mechanical strength,
flamepaths, lead entrances, and
performance testing (including
explosion tests and static pressure tests)
were used as the basis for comparing the
standards. Other factors such as
insulating materials, electrical
clearances, voltage limitations, and
grounding methods were not addressed
because these items are not considered
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part of the enclosure certification
activities we currently perform.
Specific details of MSHA’s findings of
the Agency’s equivalency review can be
obtained from https://www.msha.gov/
Part6SingleSource/
Part6SingleSource.asp or by contacting
the Electrical Safety Division, Approval
and Certification Center, MSHA, R.R. 1,
Box 251, Industrial Park Road,
Triadelphia, West Virginia 26059,
chirdon.david@dol.gov (e-mail), 304–
547–2026 (voice), or 304–547–2044
(facsimile).
Based on MSHA’s review, the Agency
determined that the IEC standards could
be modified to provide at least the same
degree of protection as existing
requirements. Thus explosion-proof
enclosures that are designed and tested
according to IEC Standards IEC 60079–
0 (Fourth Edition, 2004–01) and IEC
60079–1 (Fifth Edition, 2003–11) may
be submitted for MSHA product
approval subject to the modification set
out in the regulatory text below.
Section-by-Section Discussion
This final rule adds § 6.30, MSHA
listing of equivalent non-MSHA product
safety standards, which lists non-MSHA
product safety standards MSHA have
evaluated and determined to provide at
least the same degree of protection with
or without modifications. Subparagraph
6.30(a) specifies the IEC product safety
standards reviewed for equivalency to
MSHA’s explosion-proof enclosure
standards and references sections
7.10(c)(1) and 18.6(a)(3)(i) for a list of
the required modifications.
Section 7.10, MSHA acceptance of
equivalent non-MSHA product safety
standards, is amended by revising
paragraph (c) to include subparagraph
(1) listing the specific product safety
standard and (1)(i) through (1)(ix)
specifying required modifications to
provide the same degree of protection as
MSHA requirements.
Subparagraph (a)(3) of § 18.6,
Applications, is amended to include
subparagraph (i) and subparagraphs
(i)(A) through (i)(I). Subparagraph (i)
lists the specific IEC product safety
standards and subparagraphs (i)(A)
through (i)(I) specify the modifications
to the IEC standards required to provide
the same degree of protection as MSHA
requirements.
List of Subjects in 30 CFR Parts 6, 7,
and 18
Incorporation by Reference, Mine
Safety and Health, Reporting and
Recordkeeping Requirements, Research.
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28583
Dated: May 3, 2006.
David G. Dye,
Acting Assistant Secretary for Mine Safety
and Health.
For the reasons set out in the
preamble, chapter I of title 30 of the
Code of Federal Regulations is amended
as follows:
I
PART 6—TESTING AND EVALUATION
BY INDEPENDENT LABORATORIES
AND NON-MSHA PRODUCT SAFETY
STANDARDS
1. The authority for part 6 continues
to read as follows:
I
Authority: 30 U.S.C. 957.
I
2. Add § 6.30 to read as follows:
§ 6.30 MSHA listing of equivalent nonMSHA product safety standards.
MSHA evaluated the following nonMSHA product safety standards and
determined that they provide at least the
same degree of protection as current
MSHA requirements with or without
modifications as indicated:
(a) The International Electrotechnical
Commission’s (IEC) standards for
Electrical Apparatus for Explosive Gas
Atmospheres, Part 0, General
Requirements (IEC 60079–0, Fourth
Edition, 2004–01) and Part 1, Electrical
Apparatus for Explosive Gas
Atmospheres, Flameproof Enclosures
‘‘d’’ (IEC 60079–1, Fifth Edition, 2003–
11) must be modified in order to
provide at least the same degree of
protection as MSHA explosion-proof
enclosure requirements included in
parts 7 and 18 of this chapter. Refer to
§§ 7.10(c)(1) and 18.6(a)(3)(i) for a list of
the required modifications. The IEC
standards may be inspected at MSHA’s
Electrical Safety Division, Approval and
Certification Center, R.R. 1, Box 251,
Industrial Park Road, Triadelphia, West
Virginia 26059 and may be purchased
from International Electrical
Commission, Central Office 3, rue de
´
Varembe, P.O. Box 131, CH–1211
GENEVA 20, Switzerland.
(b) [Reserved].
PART 7—TESTING BY APPLICANT OR
THIRD PARTY
3. The authority for part 7 continues
to read as follows:
I
Authority: U.S.C. 957.
4. Amend § 7.10 by revising paragraph
(c) to read as follows:
I
§ 7.10 MSHA acceptance of equivalent
non-MSHA product safety standards.
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(c) A listing of all equivalency
determinations will be published in this
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Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Rules and Regulations
part 7. The listing will state whether
MSHA accepts the non-MSHA product
safety standards in their original form,
or whether MSHA will require
modifications to demonstrate
equivalency. If modifications are
required, they will be provided in the
listing. MSHA will notify the public of
each equivalency determination and
will publish a summary of the basis for
its determination. MSHA will provide
equivalency determination reports to
the public upon request to the Approval
and Certification Center. MSHA has
made the following equivalency
determinations applicable to this part 7.
(1) MSHA will accept applications for
motors under Subpart J designed and
tested to the International
Electrotechnical Commission’s (IEC)
standards for Electrical Apparatus for
Explosive Gas Atmospheres, Part 0,
General Requirements (IEC 60079–0,
Fourth Edition, 2004–01) and Part 1,
Electrical Apparatus for Explosive Gas
Atmospheres, Flameproof Enclosures
‘‘d’’ (IEC 60079–1, Fifth Edition, 2003–
11) (which are hereby incorporated by
reference and made a part hereof)
provided the modifications to the IEC
standards specified in § 7.10(c)(1)(i)
through (ix) are met. The Director of the
Federal Register approves this
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. The IEC standards may be
inspected at MSHA’s Electrical Safety
Division, Approval and Certification
Center, R.R. 1, Box 251, Industrial Park
Road, Triadelphia, West Virginia 26059
or at the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html. These IEC standards
may be obtained from International
Electrical Commission, Central Office 3,
´
rue de Varembe, P.O. Box 131, CH–1211
GENEVA 20, Switzerland.
(i) Enclosures associated with an
electric motor assembly shall be made of
metal and not have a compartment
exceeding ten (10) feet in length.
External surfaces of enclosures shall not
exceed 150 °C (302 °F) in normal
operation.
(ii) Enclosures shall be rugged in
construction and should meet existing
requirements for minimum bolt size and
spacing and for minimum wall, cover,
and flange thicknesses specified in
paragraph(g)(19) of § 7.304 Technical
requirements. Enclosure fasteners
should be uniform in size and length, be
provided at all corners, and be secured
from loosening by lockwashers or
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equivalent. An engineering analysis
shall be provided for enclosure designs
that deviate from the existing
requirements. The analysis shall show
that the proposed enclosure design
meets or exceeds the mechanical
strength of a comparable enclosure
designed to 150 psig according to
existing requirements, and that
flamepath clearances in excess of
existing requirements will not be
produced at an internal pressure of 150
psig. This shall be verified by explosion
testing the enclosure at a minimum of
150 psig.
(iii) Enclosures shall be designed to
withstand a minimum pressure of at
least 150 psig without leakage through
any welds or castings, rupture of any
part that affects explosion-proof
integrity, clearances exceeding those
permitted under existing requirements
along flame-arresting paths, or
permanent distortion exceeding 0.040inch per linear foot.
(iv) Flamepath clearances, including
clearances between fasteners and the
holes through which they pass, shall not
exceed those specified in existing
requirements. No intentional gaps in
flamepaths are permitted.
(v) The minimum lengths of the flame
arresting paths, based on enclosure
volume, shall conform to those specified
in existing requirements to the nearest
metric equivalent value (e.g., 12.5 mm,
19 mm, and 25 mm are considered
equivalent to 1⁄2 inch, 3⁄4 inch and 1
inch respectively for plane and
cylindrical joints). The widths of any
grooves for o-rings shall be deducted in
measuring the widths of flame-arresting
paths.
(vi) Gaskets shall not be used to form
any part of a flame-arresting path. If orings are installed within a flamepath,
the location of the o-rings shall meet
existing requirements.
(vii) Cable entries into enclosures
shall be of a type that utilizes either
flame-resistant rope packing material or
sealing rings (grommets). If plugs and
mating receptacles are mounted to an
enclosure wall, they shall be of
explosion-proof construction. Insulated
bushings or studs shall not be installed
in the outside walls of enclosures. Lead
entrances utilizing sealing compounds
and flexible or rigid metallic conduit are
not permitted.
(viii) Unused lead entrances shall be
closed with a metal plug that is secured
by spot welding, brazing, or equivalent.
(ix) Special explosion tests are
required for electric motor assemblies
that share leads (electric conductors)
through a common wall with another
explosion-proof enclosure, such as a
motor winding compartment and a
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conduit box. These tests are required to
determine the presence of any pressure
piling conditions in either enclosure
when one or more of the insulating
barriers, sectionalizing terminals, or
other isolating parts are sequentially
removed from the common wall
between the enclosures. Enclosures that
exhibit pressures during these tests that
exceed those specified in existing
requirements must be provided with a
warning tag. The durable warning tag
must indicate that the insulating
barriers, sectionalizing terminals, or
other isolating parts be maintained in
order to insure the explosion-proof
integrity for either enclosure sharing a
common wall. A warning tag is not
required if the enclosures withstand a
static pressure of twice the maximum
value observed in the explosion tests.
(2) [Reserved]
*
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PART 18—-ELECTRIC MOTOR-DRIVEN
MINE EQUIPMENT AND
ACCESSORIES
5. The authority for part 18 continues
to read as follows:
I
Authority: 30 U.S.C. 957, 961.
6. Amend § 18.6 by revising paragraph
(a)(3) to read as follows:
I
§ 18.6
Applications.
(a) * * *
(3) An applicant may request testing
and evaluation to non-MSHA product
safety standards which have been
determined by MSHA to be equivalent,
under § 6.20 of this chapter, to MSHA’s
product approval requirements under
this part. A listing of all equivalency
determinations will be published in 30
CFR part 6 and the applicable approval
parts. The listing will state whether
MSHA accepts the non-MSHA product
safety standards in their original form,
or whether MSHA will require
modifications to demonstrate
equivalency. If modifications are
required, they will be provided in the
listing. MSHA will notify the public of
each equivalency determination and
will publish a summary of the basis for
its determination. MSHA will provide
equivalency determination reports to
the public upon request to the Approval
and Certification Center. MSHA has
made the following equivalency
determinations applicable to this part
18.
(i) MSHA will accept applications for
explosion-proof enclosures under part
18 designed and tested to the
International Electrotechnical
Commission’s (IEC) standards for
Electrical Apparatus for Explosive Gas
E:\FR\FM\17MYR1.SGM
17MYR1
dsatterwhite on PROD1PC76 with RULES
Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Rules and Regulations
Atmospheres, Part 0, General
Requirements (IEC 60079–0, Fourth
Edition, 2004–01); and Part 1, Electrical
Apparatus for Explosive Gas
Atmospheres, Flameproof Enclosures
‘‘d’’ (IEC 60079–1, Fifth Edition, 2003–
11) (which are hereby incorporated by
reference and made a part hereof)
provided the modifications to the IEC
standards specified in § 18.6(a)(3)(i)(A)
through (I) are met. The Director of the
Federal Register approves this
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. The IEC standards may be
inspected at MSHA’s Electrical Safety
Division, Approval and Certification
Center, R.R. 1, Box 251, Industrial Park
Road, Triadelphia, West Virginia 26059
or at the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html. These IEC standards
may be obtained from International
Electrical Commission, Central Office 3,
´
rue de Varembe, P.O. Box 131, CH–1211
GENEVA 20, Switzerland.
(A) Enclosures shall be made of metal
and not have a compartment exceeding
ten (10) feet in length. Glass or
polycarbonate materials shall be the
only materials utilized in the
construction of windows and lenses.
External surfaces of enclosures shall not
exceed 150 °C (302 °F) and internal
surface temperatures of enclosures with
polycarbonate windows and lenses shall
not exceed 115 °C (240 °F), in normal
operation. Other non-metallic materials
for enclosures or parts of enclosures will
be evaluated, on a case-by-case basis,
under the new technology provisions in
§ 18.20(b) of this part.
(B) Enclosures shall be rugged in
construction and should meet existing
requirements for minimum bolt size and
spacing and for minimum wall, cover,
and flange thicknesses specified in
paragraph (g)(19) of § 7.304 Technical
requirements. Enclosure fasteners
should be uniform in size and length, be
provided at all corners, and be secured
from loosening by lockwashers or
equivalent. An engineering analysis
shall be provided for enclosure designs
that deviate from the existing
requirements. The analysis shall show
that the proposed enclosure design
meets or exceeds the mechanical
strength of a comparable enclosure
designed to 150 psig according to
existing requirements, and that
flamepath clearances in excess of
existing requirements will not be
produced at an internal pressure of 150
VerDate Aug<31>2005
18:32 May 16, 2006
Jkt 208001
psig. This shall be verified by explosion
testing the enclosure at a minimum of
150 psig.
(C) Enclosures shall be designed to
withstand a minimum pressure of at
least 150 psig without leakage through
any welds or castings, rupture of any
part that affects explosion-proof
integrity, clearances exceeding those
permitted under existing requirements
along flame-arresting paths, or
permanent distortion exceeding 0.040inch per linear foot.
(D) Flamepath clearances, including
clearances between fasteners and the
holes through which they pass, shall not
exceed those specified in existing
requirements. No intentional gaps in
flamepaths are permitted.
(E) The minimum lengths of the flame
arresting paths, based on enclosure
volume, shall conform to those specified
in existing requirements to the nearest
metric equivalent value (e.g., 12.5 mm,
19 mm, and 25 mm are considered
equivalent to 1⁄2 inch, 3⁄4 inch and 1
inch respectively for plane and
cylindrical joints). The widths of any
grooves for o-rings shall be deducted in
measuring the widths of flame-arresting
paths.
(F) Gaskets shall not be used to form
any part of a flame-arresting path. If orings are installed within a flamepath,
the location of the o-rings shall meet
existing requirements.
(G) Cable entries into enclosures shall
be of a type that utilizes either flameresistant rope packing material or
sealing rings (grommets). If plugs and
mating receptacles are mounted to an
enclosure wall, they shall be of
explosion-proof construction. Insulated
bushings or studs shall not be installed
in the outside walls of enclosures. Lead
entrances utilizing sealing compounds
and flexible or rigid metallic conduit are
not permitted.
(H) Unused lead entrances shall be
closed with a metal plug that is secured
by spot welding, brazing, or equivalent.
(I) Special explosion tests are required
for explosion-proof enclosures that
share leads (electric conductors)
through a common wall with another
explosion-proof enclosure. These tests
are required to determine the presence
of pressure piling conditions in either
enclosure when one or more of the
insulating barriers, sectionalizing
terminals, or other isolating parts are
sequentially removed from the common
wall between the enclosures. Enclosures
that exhibit pressures during these tests
that exceed those specified in existing
requirements must be provided with a
warning tag. The durable warning tag
must indicate that the insulating
barriers, sectionalizing terminals, or
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
28585
other isolating parts be maintained in
order to insure the explosion-proof
integrity for either enclosure sharing a
common wall. A warning tag is not
required if the enclosures withstand a
static pressure of twice the maximum
value observed in the explosion tests.
(ii) [Reserved]
*
*
*
*
*
[FR Doc. 06–4391 Filed 5–16–06; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 1, 4, 6, 14, and 21
RIN 2900–AL10
Adjudication; Fiduciary Activities—
Nomenclature Changes
Department of Veterans Affairs.
ACTION: Final rule; technical correction.
AGENCY:
SUMMARY: The Department of Veterans
Affairs (VA) published a document in
the Federal Register on July 17, 2002
(67 FR 46868), amending its
adjudication and fiduciary regulations
to update certain titles in parts 3 and 13.
At that time, we failed to update parts
1, 4, 6, 14, and 21 to reflect the new
titles. This document corrects those
regulations by replacing the titles of
Adjudication Division, Adjudication
Officer, and Veterans Services Officer,
with Veterans Service Center, and
Veterans Service Center Manager. These
nonsubstantive changes are made for
clarity and accuracy.
DATES: Effective Date: May 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Trude Steele, Consultant, Compensation
and Pension Service, Policy and
Regulations Staff, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 273–7210.
SUPPLEMENTARY INFORMATION: VA
published a document in the Federal
Register on July 17, 2002, at 67 FR
46868, amending 38 CFR parts 3 and 13
to reflect the reorganization of the
Adjudication and Veterans Services
Divisions into Veterans Service Centers
and to reflect the elimination of the
positions of the Adjudication Officer
and the Veterans Services Officer and
the creation of the position of the
Veterans Service Center Manager. At
that time, we failed to update parts 1, 4,
6, 14, and 21 to reflect the new position.
This document simply updates parts 1,
4, 6, 14 and 21 to reflect the change.
E:\FR\FM\17MYR1.SGM
17MYR1
]]>Agencies
[Federal Register Volume 71, Number 95 (Wednesday, May 17, 2006)]
[Rules and Regulations]
[Pages 28581-28585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4391]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 6, 7, and 18
RIN 1219-AB42
Evaluation of International Electrotechnical Commission's
Standards for Explosion-Proof Enclosures
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Final rule; equivalency determination.
-----------------------------------------------------------------------
SUMMARY: MSHA reviewed the requirements of the International
Electrotechnical Commission's (IEC) standards for Electrical Apparatus
for Explosive Gas Atmospheres to determine if they are equivalent to
the Agency's applicable product approval requirements or can be
modified to provide at least the same degree of protection as those
requirements. MSHA has determined that the IEC's standards for
explosion-proof enclosures, with modifications, provide the same degree
of protection as MSHA's applicable product approval requirements.
Applicants may request that MSHA grant product approval for explosion-
proof (flameproof) enclosures based on compliance with the IEC
standards provided MSHA's specified list of modifications is also
addressed in the submitted design.
DATES: Effective Date: This final rule is effective May 17, 2006. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of May 17, 2006.
FOR FURTHER INFORMATION CONTACT: For information concerning the
technical content of the rule, contact David C. Chirdon, Chief
Electrical Safety Division, Approval and Certification Center, MSHA,
R.R. 1, Box 251 Industrial Park Road, Triadelphia, West Virginia 26059.
Mr. Chirdon can be reached at chirdon.david@dol.gov (e-mail), 304-547-
2026 (voice), or 304-547-2044 (facsimile). For information concerning
the rulemaking process, contact Patricia W. Silvey, Acting Director,
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson
Blvd., Arlington, Virginia 22209-3939. Ms. Silvey can be reached at
(202) 693-9440.
MSHA maintains a listserve on the Agency's Web site that enables
subscribers to receive e-mail notification when MSHA publishes
rulemaking documents in the Federal Register.
[[Page 28582]]
To subscribe to the listserve, visit MSHA's Web site at https://
www.msha.gov/subscriptions/subscribe.aspx. You may obtain copies of
this final rule in an alternative format by accessing the Internet at
https://www.msha.gov/REGSINFO.HTM. The document is also available by
calling 202-693-9440.
SUPPLEMENTARY INFORMATION:
I. Background
On June 17, 2003, MSHA published a final rule, Testing and
Evaluation by Independent Laboratories and Non-MSHA Product Safety
Standards (68 FR 36407). The final rule established alternate
requirements for testing and evaluation of products that MSHA approve
for use in gassy underground mines under 30 CFR parts 18, 19, 20, 22,
23, 27, 33, 35, and 36. The final rule permitted manufacturers seeking
MSHA approval of their products to use an independent laboratory to
test their products in accordance with Agency standards. The final rule
also allowed manufacturers to test their products in accordance with
non-MSHA standards once the Agency had determined that the non-MSHA
standards were equivalent to MSHA's applicable product approval
requirements or could be modified to provide at least the same level of
protection. The final rule requires that MSHA publish in the Federal
Register a listing of all equivalency determinations in 30 CFR part 6
and in the applicable approval parts of 30 CFR.
At the time the final rule was promulgated, 30 CFR part 7 already
allowed an applicant or third party to test certain products to MSHA
standards. Specifically, part 7 specified requirements for MSHA
approval of applicant or third party testing and evaluation of
equipment and materials for use in underground mines that do not
involve subjective testing. Paragraph 7.10(b) required MSHA to publish
our intent to review any non-MSHA product safety standard for
equivalency in the Federal Register for the purpose of soliciting
public input. In addition, paragraph 7.10(c) required MSHA to list our
equivalency determinations in 30 CFR part 7.
On December 1, 2003, MSHA announced in the Federal Register (68 FR
67216) our intent to review the International Electrotechnical
Commission's (IEC) standards for Electrical Apparatus for Explosive Gas
Atmospheres, Part 0, General Requirements (IEC 60079-0); Part 1,
Electrical Apparatus for Explosive Gas Atmospheres, Flameproof
Enclosures ``d'' (IEC 60079-1); and Part 11, Intrinsic Safety (IEC
60079-11). The Federal Register notice solicited comments concerning
the Agency's intent to review the IEC standards.
MSHA has not yet completed a review of the IEC standard for
Electrical Apparatus for Explosive Gas Atmospheres, Part 11, Intrinsic
Safety (IEC 60079-11). Those results will be published separately at a
later date.
The IEC is a worldwide organization for standardization comprising
all national electrotechnical committees. The IEC promotes
international cooperation concerning standardization in the electrical
and electronic fields. To this end, the IEC publishes international
standards in the fields of electricity, electronics, and related
technologies. The IEC standards referenced in this notice are subparts
of the IEC standards for hazardous location equipment.
A 60-day comment period was provided which closed on January 30,
2004. Comments were received from four (4) commenters. Two commenters
suggested that MSHA should deem the IEC standards equivalent in their
unmodified form and urged us to pursue participation in the
international agreement between countries relative to the IEC standards
known as the ``IECEx Scheme.'' The goal of the IECEx Scheme is to
facilitate international trade in electrical equipment intended for use
in explosive atmospheres (Ex equipment) by eliminating the need for
multiple national certifications while preserving an appropriate level
of safety. Two commenters suggested additional standards for MSHA to
consider reviewing for equivalency in the future. Because these
comments are beyond the scope of this equivalency determination, the
Agency will not address them here.
One commenter expressed concern over what it characterized as
MSHA's intent to accept international approval standards as equivalent
to U.S. standards for products used in coal mines. The commenter
further expressed concern regarding the manner in which the standards
would be tested and approved.
As we explained in the preamble to the 2003 final rule, Testing and
Evaluation by Independent Laboratories and Non-MSHA Product Safety
Standards (68 FR 36408), MSHA will only accept standards as equivalent
after carefully evaluating the standards to ensure that they provide at
least the same degree of protection as existing 30 CFR requirements.
With respect to part 7 equivalency determinations, MSHA will also
determine whether the testing and evaluation of the non-MSHA standard
involves subjective analysis, because the requirements in part 7 apply
to certain equipment and materials whose product testing and evaluation
does not involve subjective analysis. Where deficiencies are noted in
the subject standards, MSHA will add additional requirements to ensure
that at least the same degree of protection is provided as in existing
requirements.
Further, MSHA will review all test and evaluation results submitted
by independent laboratories to ensure that all applicable requirements
of the standard and any additional requirements that MSHA specifies
have been met. If the testing methodology or evaluation results do not
clearly demonstrate that a product meets the applicable requirements,
MSHA will conduct an independent evaluation including additional or
repeat testing. MSHA will also continue the post-approval product audit
program to ensure compliance with the approved design.
In the December 1, 2003, Federal Register notice MSHA stipulated
that at the conclusion of the evaluation, the Agency would publish the
final determination in the Federal Register. The determination would be
accompanied by a list of modifications, if they are deemed necessary to
achieve equivalency. This notice contains MSHA's final determination
after evaluating the IEC standards.
II. Discussion
MSHA's review of the International Electrotechnical Commission's
(IEC) standards for Electrical Apparatus for Explosive Gas Atmospheres,
Part 0, General Requirements (IEC 60079-0, Fourth Edition, 2004-01);
and Part 1, Electrical Apparatus for Explosive Gas Atmospheres,
Flameproof Enclosures ``d'' (IEC 60079-1, Fifth Edition, 2003-11) is
completed. These two IEC standards together describe the overall
requirements for design of flameproof enclosures. The IEC 60079-1,
Flameproof Enclosures ``d'' document provides the specific technical
design and testing requirements for explosion-proof enclosures while
the IEC 60079-0, General Requirements document provides the general
application and use specifications for all IEC Electrical Apparatus for
Explosive Gas Atmosphere standards. Applicants may request that MSHA
grant product approval for explosion-proof (flameproof) enclosures
based on compliance with these IEC standards provided our specified
list of modifications is also addressed in the submitted design.
[[Page 28583]]
Equivalency Review Results for IEC 60079-0 and IEC 60079-1
The equivalency review for the IEC standards concerning Electrical
Apparatus for Explosive Gas Atmospheres, Part 0, General Requirements
and Part 1, Electrical Apparatus for Explosive Gas Atmospheres,
Flameproof Enclosures ``d'' involved comparing them with MSHA's
corresponding requirements for explosion-proof enclosures found in 30
CFR part 7--Testing by applicant or third party and part 18--Electric
motor-driven mine equipment and accessories.
MSHA's technical review consisted of a detailed comparison of the
IEC requirements for Group I (mining) enclosures to MSHA's requirements
for explosion-proof enclosures. MSHA's requirements for explosion-proof
enclosures are based on three principles. First, an enclosure shall be
rugged in construction and suitable for use in mining applications.
Second, it shall have a minimum structural yield pressure of at least
150 psig, without significant permanent distortion, and third, there
shall be no visible luminous flames or ignitions of a combustible
methane-air atmosphere surrounding the enclosure during explosion
testing.
Part 7 specifies requirements for MSHA-approval of applicant or
third party testing and evaluation of equipment and materials for use
in underground mines that do not involve subjective testing. In
addition to our review for equivalency, MSHA reviewed the IEC
requirements for testing and evaluation of Group I (mining) enclosures
to determine that they do not involve subjective analyses. We
determined that the testing and evaluation of equipment using the
applicable IEC standards, including MSHA's specified list of
modifications, does not involve subjective analyses.
For the purpose of the equivalency review, MSHA organized the
technical requirements for both the IEC standards being evaluated and
MSHA's requirements according to certain features that were considered
common to the design, construction, testing and evaluation of all
explosion-proof enclosures. Technical requirements for features such as
mechanical strength, flamepaths, lead entrances, and performance
testing (including explosion tests and static pressure tests) were used
as the basis for comparing the standards. Other factors such as
insulating materials, electrical clearances, voltage limitations, and
grounding methods were not addressed because these items are not
considered part of the enclosure certification activities we currently
perform.
Specific details of MSHA's findings of the Agency's equivalency
review can be obtained from https://www.msha.gov/Part6SingleSource/
Part6SingleSource.asp or by contacting the Electrical Safety Division,
Approval and Certification Center, MSHA, R.R. 1, Box 251, Industrial
Park Road, Triadelphia, West Virginia 26059, chirdon.david@dol.gov (e-
mail), 304-547-2026 (voice), or 304-547-2044 (facsimile).
Based on MSHA's review, the Agency determined that the IEC
standards could be modified to provide at least the same degree of
protection as existing requirements. Thus explosion-proof enclosures
that are designed and tested according to IEC Standards IEC 60079-0
(Fourth Edition, 2004-01) and IEC 60079-1 (Fifth Edition, 2003-11) may
be submitted for MSHA product approval subject to the modification set
out in the regulatory text below.
Section-by-Section Discussion
This final rule adds Sec. 6.30, MSHA listing of equivalent non-
MSHA product safety standards, which lists non-MSHA product safety
standards MSHA have evaluated and determined to provide at least the
same degree of protection with or without modifications. Subparagraph
6.30(a) specifies the IEC product safety standards reviewed for
equivalency to MSHA's explosion-proof enclosure standards and
references sections 7.10(c)(1) and 18.6(a)(3)(i) for a list of the
required modifications.
Section 7.10, MSHA acceptance of equivalent non-MSHA product safety
standards, is amended by revising paragraph (c) to include subparagraph
(1) listing the specific product safety standard and (1)(i) through
(1)(ix) specifying required modifications to provide the same degree of
protection as MSHA requirements.
Subparagraph (a)(3) of Sec. 18.6, Applications, is amended to
include subparagraph (i) and subparagraphs (i)(A) through (i)(I).
Subparagraph (i) lists the specific IEC product safety standards and
subparagraphs (i)(A) through (i)(I) specify the modifications to the
IEC standards required to provide the same degree of protection as MSHA
requirements.
List of Subjects in 30 CFR Parts 6, 7, and 18
Incorporation by Reference, Mine Safety and Health, Reporting and
Recordkeeping Requirements, Research.
Dated: May 3, 2006.
David G. Dye,
Acting Assistant Secretary for Mine Safety and Health.
0
For the reasons set out in the preamble, chapter I of title 30 of the
Code of Federal Regulations is amended as follows:
PART 6--TESTING AND EVALUATION BY INDEPENDENT LABORATORIES AND NON-
MSHA PRODUCT SAFETY STANDARDS
0
1. The authority for part 6 continues to read as follows:
Authority: 30 U.S.C. 957.
0
2. Add Sec. 6.30 to read as follows:
Sec. 6.30 MSHA listing of equivalent non-MSHA product safety
standards.
MSHA evaluated the following non-MSHA product safety standards and
determined that they provide at least the same degree of protection as
current MSHA requirements with or without modifications as indicated:
(a) The International Electrotechnical Commission's (IEC) standards
for Electrical Apparatus for Explosive Gas Atmospheres, Part 0, General
Requirements (IEC 60079-0, Fourth Edition, 2004-01) and Part 1,
Electrical Apparatus for Explosive Gas Atmospheres, Flameproof
Enclosures ``d'' (IEC 60079-1, Fifth Edition, 2003-11) must be modified
in order to provide at least the same degree of protection as MSHA
explosion-proof enclosure requirements included in parts 7 and 18 of
this chapter. Refer to Sec. Sec. 7.10(c)(1) and 18.6(a)(3)(i) for a
list of the required modifications. The IEC standards may be inspected
at MSHA's Electrical Safety Division, Approval and Certification
Center, R.R. 1, Box 251, Industrial Park Road, Triadelphia, West
Virginia 26059 and may be purchased from International Electrical
Commission, Central Office 3, rue de Varemb[eacute], P.O. Box 131, CH-
1211 GENEVA 20, Switzerland.
(b) [Reserved].
PART 7--TESTING BY APPLICANT OR THIRD PARTY
0
3. The authority for part 7 continues to read as follows:
Authority: U.S.C. 957.
0
4. Amend Sec. 7.10 by revising paragraph (c) to read as follows:
Sec. 7.10 MSHA acceptance of equivalent non-MSHA product safety
standards.
* * * * *
(c) A listing of all equivalency determinations will be published
in this
[[Page 28584]]
part 7. The listing will state whether MSHA accepts the non-MSHA
product safety standards in their original form, or whether MSHA will
require modifications to demonstrate equivalency. If modifications are
required, they will be provided in the listing. MSHA will notify the
public of each equivalency determination and will publish a summary of
the basis for its determination. MSHA will provide equivalency
determination reports to the public upon request to the Approval and
Certification Center. MSHA has made the following equivalency
determinations applicable to this part 7.
(1) MSHA will accept applications for motors under Subpart J
designed and tested to the International Electrotechnical Commission's
(IEC) standards for Electrical Apparatus for Explosive Gas Atmospheres,
Part 0, General Requirements (IEC 60079-0, Fourth Edition, 2004-01) and
Part 1, Electrical Apparatus for Explosive Gas Atmospheres, Flameproof
Enclosures ``d'' (IEC 60079-1, Fifth Edition, 2003-11) (which are
hereby incorporated by reference and made a part hereof) provided the
modifications to the IEC standards specified in Sec. 7.10(c)(1)(i)
through (ix) are met. The Director of the Federal Register approves
this incorporation by reference in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. The IEC standards may be inspected at MSHA's Electrical
Safety Division, Approval and Certification Center, R.R. 1, Box 251,
Industrial Park Road, Triadelphia, West Virginia 26059 or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. These IEC standards may be obtained
from International Electrical Commission, Central Office 3, rue de
Varemb[eacute], P.O. Box 131, CH-1211 GENEVA 20, Switzerland.
(i) Enclosures associated with an electric motor assembly shall be
made of metal and not have a compartment exceeding ten (10) feet in
length. External surfaces of enclosures shall not exceed 150 [deg]C
(302 [deg]F) in normal operation.
(ii) Enclosures shall be rugged in construction and should meet
existing requirements for minimum bolt size and spacing and for minimum
wall, cover, and flange thicknesses specified in paragraph(g)(19) of
Sec. 7.304 Technical requirements. Enclosure fasteners should be
uniform in size and length, be provided at all corners, and be secured
from loosening by lockwashers or equivalent. An engineering analysis
shall be provided for enclosure designs that deviate from the existing
requirements. The analysis shall show that the proposed enclosure
design meets or exceeds the mechanical strength of a comparable
enclosure designed to 150 psig according to existing requirements, and
that flamepath clearances in excess of existing requirements will not
be produced at an internal pressure of 150 psig. This shall be verified
by explosion testing the enclosure at a minimum of 150 psig.
(iii) Enclosures shall be designed to withstand a minimum pressure
of at least 150 psig without leakage through any welds or castings,
rupture of any part that affects explosion-proof integrity, clearances
exceeding those permitted under existing requirements along flame-
arresting paths, or permanent distortion exceeding 0.040-inch per
linear foot.
(iv) Flamepath clearances, including clearances between fasteners
and the holes through which they pass, shall not exceed those specified
in existing requirements. No intentional gaps in flamepaths are
permitted.
(v) The minimum lengths of the flame arresting paths, based on
enclosure volume, shall conform to those specified in existing
requirements to the nearest metric equivalent value (e.g., 12.5 mm, 19
mm, and 25 mm are considered equivalent to \1/2\ inch, \3/4\ inch and 1
inch respectively for plane and cylindrical joints). The widths of any
grooves for o-rings shall be deducted in measuring the widths of flame-
arresting paths.
(vi) Gaskets shall not be used to form any part of a flame-
arresting path. If o-rings are installed within a flamepath, the
location of the o-rings shall meet existing requirements.
(vii) Cable entries into enclosures shall be of a type that
utilizes either flame-resistant rope packing material or sealing rings
(grommets). If plugs and mating receptacles are mounted to an enclosure
wall, they shall be of explosion-proof construction. Insulated bushings
or studs shall not be installed in the outside walls of enclosures.
Lead entrances utilizing sealing compounds and flexible or rigid
metallic conduit are not permitted.
(viii) Unused lead entrances shall be closed with a metal plug that
is secured by spot welding, brazing, or equivalent.
(ix) Special explosion tests are required for electric motor
assemblies that share leads (electric conductors) through a common wall
with another explosion-proof enclosure, such as a motor winding
compartment and a conduit box. These tests are required to determine
the presence of any pressure piling conditions in either enclosure when
one or more of the insulating barriers, sectionalizing terminals, or
other isolating parts are sequentially removed from the common wall
between the enclosures. Enclosures that exhibit pressures during these
tests that exceed those specified in existing requirements must be
provided with a warning tag. The durable warning tag must indicate that
the insulating barriers, sectionalizing terminals, or other isolating
parts be maintained in order to insure the explosion-proof integrity
for either enclosure sharing a common wall. A warning tag is not
required if the enclosures withstand a static pressure of twice the
maximum value observed in the explosion tests.
(2) [Reserved]
* * * * *
PART 18---ELECTRIC MOTOR-DRIVEN MINE EQUIPMENT AND ACCESSORIES
0
5. The authority for part 18 continues to read as follows:
Authority: 30 U.S.C. 957, 961.
0
6. Amend Sec. 18.6 by revising paragraph (a)(3) to read as follows:
Sec. 18.6 Applications.
(a) * * *
(3) An applicant may request testing and evaluation to non-MSHA
product safety standards which have been determined by MSHA to be
equivalent, under Sec. 6.20 of this chapter, to MSHA's product
approval requirements under this part. A listing of all equivalency
determinations will be published in 30 CFR part 6 and the applicable
approval parts. The listing will state whether MSHA accepts the non-
MSHA product safety standards in their original form, or whether MSHA
will require modifications to demonstrate equivalency. If modifications
are required, they will be provided in the listing. MSHA will notify
the public of each equivalency determination and will publish a summary
of the basis for its determination. MSHA will provide equivalency
determination reports to the public upon request to the Approval and
Certification Center. MSHA has made the following equivalency
determinations applicable to this part 18.
(i) MSHA will accept applications for explosion-proof enclosures
under part 18 designed and tested to the International Electrotechnical
Commission's (IEC) standards for Electrical Apparatus for Explosive Gas
[[Page 28585]]
Atmospheres, Part 0, General Requirements (IEC 60079-0, Fourth Edition,
2004-01); and Part 1, Electrical Apparatus for Explosive Gas
Atmospheres, Flameproof Enclosures ``d'' (IEC 60079-1, Fifth Edition,
2003-11) (which are hereby incorporated by reference and made a part
hereof) provided the modifications to the IEC standards specified in
Sec. 18.6(a)(3)(i)(A) through (I) are met. The Director of the Federal
Register approves this incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. The IEC standards may be inspected at
MSHA's Electrical Safety Division, Approval and Certification Center,
R.R. 1, Box 251, Industrial Park Road, Triadelphia, West Virginia 26059
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html. These IEC standards may be
obtained from International Electrical Commission, Central Office 3,
rue de Varemb[eacute], P.O. Box 131, CH-1211 GENEVA 20, Switzerland.
(A) Enclosures shall be made of metal and not have a compartment
exceeding ten (10) feet in length. Glass or polycarbonate materials
shall be the only materials utilized in the construction of windows and
lenses. External surfaces of enclosures shall not exceed 150 [deg]C
(302 [deg]F) and internal surface temperatures of enclosures with
polycarbonate windows and lenses shall not exceed 115 [deg]C (240
[deg]F), in normal operation. Other non-metallic materials for
enclosures or parts of enclosures will be evaluated, on a case-by-case
basis, under the new technology provisions in Sec. 18.20(b) of this
part.
(B) Enclosures shall be rugged in construction and should meet
existing requirements for minimum bolt size and spacing and for minimum
wall, cover, and flange thicknesses specified in paragraph (g)(19) of
Sec. 7.304 Technical requirements. Enclosure fasteners should be
uniform in size and length, be provided at all corners, and be secured
from loosening by lockwashers or equivalent. An engineering analysis
shall be provided for enclosure designs that deviate from the existing
requirements. The analysis shall show that the proposed enclosure
design meets or exceeds the mechanical strength of a comparable
enclosure designed to 150 psig according to existing requirements, and
that flamepath clearances in excess of existing requirements will not
be produced at an internal pressure of 150 psig. This shall be verified
by explosion testing the enclosure at a minimum of 150 psig.
(C) Enclosures shall be designed to withstand a minimum pressure of
at least 150 psig without leakage through any welds or castings,
rupture of any part that affects explosion-proof integrity, clearances
exceeding those permitted under existing requirements along flame-
arresting paths, or permanent distortion exceeding 0.040-inch per
linear foot.
(D) Flamepath clearances, including clearances between fasteners
and the holes through which they pass, shall not exceed those specified
in existing requirements. No intentional gaps in flamepaths are
permitted.
(E) The minimum lengths of the flame arresting paths, based on
enclosure volume, shall conform to those specified in existing
requirements to the nearest metric equivalent value (e.g., 12.5 mm, 19
mm, and 25 mm are considered equivalent to \1/2\ inch, \3/4\ inch and 1
inch respectively for plane and cylindrical joints). The widths of any
grooves for o-rings shall be deducted in measuring the widths of flame-
arresting paths.
(F) Gaskets shall not be used to form any part of a flame-arresting
path. If o-rings are installed within a flamepath, the location of the
o-rings shall meet existing requirements.
(G) Cable entries into enclosures shall be of a type that utilizes
either flame-resistant rope packing material or sealing rings
(grommets). If plugs and mating receptacles are mounted to an enclosure
wall, they shall be of explosion-proof construction. Insulated bushings
or studs shall not be installed in the outside walls of enclosures.
Lead entrances utilizing sealing compounds and flexible or rigid
metallic conduit are not permitted.
(H) Unused lead entrances shall be closed with a metal plug that is
secured by spot welding, brazing, or equivalent.
(I) Special explosion tests are required for explosion-proof
enclosures that share leads (electric conductors) through a common wall
with another explosion-proof enclosure. These tests are required to
determine the presence of pressure piling conditions in either
enclosure when one or more of the insulating barriers, sectionalizing
terminals, or other isolating parts are sequentially removed from the
common wall between the enclosures. Enclosures that exhibit pressures
during these tests that exceed those specified in existing requirements
must be provided with a warning tag. The durable warning tag must
indicate that the insulating barriers, sectionalizing terminals, or
other isolating parts be maintained in order to insure the explosion-
proof integrity for either enclosure sharing a common wall. A warning
tag is not required if the enclosures withstand a static pressure of
twice the maximum value observed in the explosion tests.
(ii) [Reserved]
* * * * *
[FR Doc. 06-4391 Filed 5-16-06; 8:45 am]
BILLING CODE 4510-43-P
